Category Archives: Criminal Justice

Notes from an insider is a guide to all things inside prison, criminal justice and re entry.

October 16, 2012 · 9:45 PM

The System- AKA- What goes on in criminal cases- A New bi monthly series

 

During my years handling my own criminal case and now working on cases all over the U.S., I am certain that people have NO idea how our criminal justice system really works. This includes Judges and Lawyers. Nobody understands all aspects and while some are experts in their fields, none grasp how all of the pieces fit together. In some ways this is easier for me because I am an OBSERVER and an INSIDER. That as we say is true CRED!

As flawed as our system is, it does work most of the time. But, one needs to know how to work it. For example, my clients always tell me that the US Attorney or DA has it “out for them.” This is rarely true and the sooner they realize that these people are simply doing their jobs, the better our result is going to be. Similarly, lawyers often push so hard that they leave a prosecutor no room to save face and negotiate. Remember who has the power? NEVER the lawyer. They just have the large fee. Then we have judges. Judges, like lawyers, have no post conviction experience or understanding. This is why we often see judges order things that are not possible. For example, I had a judge order that my client be allowed certain medication to be brought into a Federal Prison by her family. Anybody who knows how the BOP works would understand that they would never allow this. But, how are everyday citizens supposed to understand the SYSTEM without a consultant like me, and is that fair?

The answer is that of course it is not fair and there are few people who can tie it all together, understand ALL sides and thus help the defendant, their family, the courts and society. The problem is that there is only one me. My understanding of The System has recently led to one client being able to undergo treatment for Lupus while in custody while keeping his disease under control, a possible life sentence that was reduced to probation and a woman being allowed to go to Rikers Island where they have a nursery for women with babies that is quite remarkable. These are versions of Alternative Sentences and just simply showing options to a judge can help. Another aspect that judges and lawyers do not understand is community service. My readers know that I write much about the benefits of Community Service- and urge my clients to get involved court order or not. What judges fail to see is that service empowers defendants and should ALWAYS be a part of a criminal sentence. Not the whole sentence, but a part.

The System is certainly a balancing act and a careful respect of various power and egos. That is one way to work it, and the other is to learn everything and develop a true passion for those who can change. The greatest thing about my job is that I get to help change lives. That does not mean that my clients have not done things that are wrong. It simply means that I choose to work with people who I know have learned their lesson and will go on to lead happy, productive and quality lives. This is what our system is supposed to be- part punitive and part rehabilitating. No, some people do not deserve this chance, but most do and the facts back this up. Remember that more than 95% of people incarcerated are coming home and most in less than 5 years. With this in mind I suggest we ALL learn a little more about our system. Knowledge is power and there is nothing better. Take time to learn a little everyday and in this election year and time of change urge your representatives to change also.

 

 

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from The Today Show, The CBS Early Show, E! News, People.com, Fox News, NBC News, CNN, NPR and Nancy Grace. She is a weekly featured guest on the syndicated America Now radio program. She may be reached at wendy@wendyfeldman.com

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September 8, 2012 · 10:37 PM

Once again the winner is Community Service…

Recently I have several clients who have not done well on pre trial or after their cases have been resolved. There is ONE reason for this- these people lack passion. Low self esteem and fear plague everybody who is dealing with a crisis such as lack of freedom or newly restored freedom.

In every case I have urged Community Service to both empower my client, and to learn about new people and develop a passion. Yet, in every current case I have, the courts have FAILED to order Community service. Despite my best efforts the clients do not finish or participate at all.

The other aspect of Community Service that works so well is the Accountability it provides. Most people flourish under such accountability. People who are under great stress do well with structure. So, why do judges fail to understand this? Simple, our system is not only broken but also way out of date. It’s no wonder that recidivism is so high. We give people re-entering society very few tools, and without these tools success is much harder. I often say that Prison is easy, re-entry is the tough part. I firmly believe this. I can get anybody and their family prepared for a prison term, it is what happens after that matters. In fact, the moment that I prepare a person for prison I am also preparing them and their family for re-entry.

So, what can we do? Simply keep pushing forward, raising awareness to our system and what works and what doesn’t. The more we shine a light on how to succeed, the more we will get others to believe and succeed as well. For now- JUDGES- ORDER COMMUNITY SERVICE IN ADDITION TO THE ORIGINAL SENTENCE YOU WERE CONSIDERING.

 

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from The Today Show, The CBS Early Show, Fox News, NBC News, CNN, NPR and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@wendyfeldman.com

Follow @thewendyfeldman

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July 22, 2012 · 6:58 PM

Why is the Colorado Killer’s Family standing by him???

I have said it before

James Holmes Mug Shot

James Holmes Mug Shot

and I will say it again- FAMILIES ARE THE FORGOTTEN CONSEQUENCES OF CRIME. This is true for families of people at all levels in our criminal justice system. From a small misdemeanor to the horror of the killings in Colorado, families pay the price long after a prison term is served.

I work with families all over the United States. In many of these cases I have never worked for their family member who is incarcerated. I am hired to help families establish boundaries with their loved one while he is inside, help find resources for them and provide the must needed answers of how to move on with their own lives. I also serve as living proof that this can be done, and of course provide my insider’s point of view.

These families live with guilt, shame and many fear retaliation should they decide to in some ways support their family member. Truly guilt by association. Families are the only segment of our criminal justice system that have no representation and are not presumed innocent.

Should we blame the families, especially when they become part of the crimes like Cindy Anthony and George Zimmerman’s wife? Do we blame the family of Amanda Knox and John Hinkley who stuck by their children?

With crimes come consequences. One of the consequences that we read and see little about are the families. Families on both sides- victim and victimizer. Those consequences include the children of incarcerated parents and the cycle that often repeats should the child not have a good support system. This is why many prisons have good protocol in place for family visits and contact. Remember, most people inside a prison today will be released and the majority in less that 5 years. That brings up the problem of re-entry with families.

Many of those incarcerated assume that upon release all will be forgiven and they will automatically be back and bonded with their children. This is rarely the case. Re-Entry takes work and effort and must be very carefully handled. Yet another family consequence of crime.

The past weekend’s mass murders in Colorado saw the media immediately going after the family of the killer Holmes. But, in reality what would one expect these parents to do or say? Especially when they too were just hearing this news and are now victims. Is it possible they knew their son was “off?” Of course, but then what? Should we blame them, or have compassion for them? Families of infamous murder cases are a particular group in that they must also deal with media attention and in many cases fear for their own lives.

If anything good can come out of tragedy it is an open discussion. My hope is that the Colorado case does just that and helps to shine a light on families and crime and what our society can do to learn more about this taboo subject. I for one will continue to write about it and of course work with these families as part of my everyday practice. Think about them before you judge. What would YOU do? And how would you hope to be treated?

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from The Today Show, The CBS Early Show, Fox News, NBC News, CNN, NPR and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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July 7, 2012 · 4:59 PM

FORGIVENESS!!!!!

As a criminal justice expert and consultant, one of the questions clients always ask me is about forgiveness. Often they are told to try and make amends or simply ask for forgiveness from those in their life and those they have harmed. Yet, this is rarely such a simple task and if taken lightly can cause even greater harm.

First of all I think that Forgiveness is a wonderful thing, and I have both forgiven others and been forgiven myself. But, I said forgiven not forgotten. None of us should ever forget what poor choices we make and the consequences of those choices. Too often people re-enter society from rehab or prison and feel entitled to forgiveness. There is no such thing. Forgives takes work on all sides. Simply apologizing, or as 12 step groups call it “making amends” is not enough. You must mean it and earn it.

In criminal justice circles there is a concept called Restorative Justice that emphasizes repairing the harm caused by crime when victims, offenders and community members meet to decide how to do that, the results can be transformational. This is much more than saying I am sorry or asking for forgiveness. It is also a way of owning one’s own actions.

Think about it- in all aspects of life we need closure and simply asking for forgiveness may be one sided. This is why forms of restorative justice work. But a key question I ask my clients when they complain about not being forgiven is simply- “DO YOU FORGIVE YOURSELF?” Ask somebody this and often the response will be “I never thought about that.” It is my experience that one should not ask for forgiveness without doing the work and starting with themselves. Once you forgive yourself the rest will fall into place.

In a world that has gone a little crazy and in times of stress, forgiveness goes a long way towards the healing that usually needs to take place. Currently, many courts and even prisons around the United States are looking into this concept to bridge worlds that have been affected by crime. Those re-entering society should always look inward first and once done- they will have a more successful time.

I know that change is possible with hard work. So now let’s all look at somebody in our life and start the process of forgiveness.

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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May 20, 2012 · 4:19 PM

The BRAVE Sentence in The Rutgers Case

Today New Jersey judge Glen Berman  sentenced  Dharun Ravi in what is now known as the “webcam” case. This case raises so many issues about our criminal justice system and allows us to peak inside what’s really going on here. The sentence surprised many and was a true alternative sentence with 30 days in jail, 300 hours of community service, a fine and formal probation.

Dharun Ravi was convicted March 16 of Second-degree bias and invading the privacy of his former roommate Tyler Clementi. Ravi was not charged with the death of his former roommate. But this is considered a hate crime in New Jersey and carried a possible prison term of 10 years. Ravi may also face deportation to his native India. Tyler Clementi committed suicide after Ravi used a webcam to show him kissing another man. The case has been used as a platform by the LGBT community as a message of the consequences that discrimination and bullying can cause.

But, many in criminal justice circles did not think that 10 years in prison was a fair term and that this is a case of UNEQUAL JUSTICE. The truth is that if looked at correctly this case can teach us many things about how our justice system works. What many don’t understand is that Judge Berman had a lot of discretion, as do judges in all cases that don’t have mandatory minimum sentences. In this case the range is probation to 10 years!

So, how did judge Berman decide and what factors do judges consider when they sentence those before them? To answer this we must understand part of what actually goes on before a person is sentenced. The government will always file a sentencing memo based on facts and guidelines. It is also based on a probation department report. Here is one place most lawyers and defendants miss their opportunity. A defendant has the right to file their own sentencing memo that not only includes a legal argument but also any mitigation and alternative sentencing proposals. YES- an alternative sentencing proposal. I call this a ROAD MAP for the judge and many times a judge will use this as part of their decision making process. We must remember that judges are busy and if a plan is spelled out it will have more impact. That said, the plan must be reasonable and viable. Why do many attorneys give this such little weight or write memos that are actually harmful?- A true lack of understanding why and how post conviction works.

This in a case where Ravi and his team rejected two plea deals that would have allowed him to serve no jail time!

Here’s where this case has gone wrong and where we can all learn something. While Ravi has spent much time in the media, he failed to score with what is essential for every client I work with- HE DID NOT EFFECTIVELY ACCEPT RESPONSIBILITY and therefore doesn’t show remorse. Rather his lawyer argued, “He’s going to be punished for the rest of his life,“It’s already beginning.” POOR RAVI! This is the wrong message, especially when somebody has died.

I try to get all of my clients to accept responsibility. That does not mean they actually did what they are convicted of, or as in this case, mean that they think jail is the option. Accepting responsibility means owning that one’s own actions and choices have landed them in this spot. In this case Ravi has apologized and may actually feel remorse but the aggressive and tactless approach of his legal team left him vulnerable to 10 years in State Prison.

Was prison the right option here? No and the court and judge came up with a viable alternative sentence rather than the easy way out of straight prison time. If Ravi were my client I would have asked him to begin meaningful community service and encouraged therapy for him and his family. After all, family is the forgotten consequence of crime.

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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